Michelle Malkin

The legal tricks for evading the flimsy immigration dragnet are well known among the immigrant population, as I first reported 12 years ago in a Center for Immigration Studies report on the deportation abyss. "Even if an alien is removable," an EOIR bureaucrat testified back then, "he or she may file an application for relief from removal, such as asylum, voluntary departure, suspension of deportation, cancellation of removal, adjustment of status, registry or a waiver of inadmissibility."

Today's young illegal border surgers have a plethora of litigation bites at the apple that will keep them in our country in perpetuity. As one of countless immigration law firms now advises, "There a several forms of relief that an unaccompanied child may apply for in immigration court." Voluntary departure is the de facto "catch and release" option that entrusts illegals to deport themselves. Then there's the scam-riddled asylum application process, which is significantly loosened for minors. Next alternative: the special juvenile immigrant visa which offers lawful permanent resident status to unaccompanied illegal alien children.

Another route: The fraud-friendly U visa. It's a program for illegal alien victims of trafficking or domestic violence that was supposed to grant temporary legal status if the beneficiaries assisted law enforcement, but has morphed into an ever-expanding path to residency, work authorization and citizenship for virtually anyone who applies.

An attorney who worked as a law clerk in the Fifth Circuit shared his firsthand experience with me several years ago. Nothing has changed. "It was amazing the number of petitions for review of BIA decisions we handled," he said. "You are absolutely correct that immigration lawyers use the current system of endless appeals to make illegals essentially undeportable. (It amazes me that illegal aliens, unlike American citizens, get TWO appeals as of right -- one to the BIA and then another to the Circuit Court of Appeals.)"

One real solution: "Repeal the statutory provisions that provide for judicial review by the Courts of Appeals and the Supreme Court," the lawyer told me. "It is clearly permissible for the Congress to do this under the Constitution. This would eliminate the biggest 'bottleneck' in the removal/deportation process. It would also reduce greatly the overburden dockets of our federal appellate courts."

Another solution: As I first proposed 12 years ago in my book "Invasion," it's long past time to abolish the EOIR and BIA and transfer their functions to existing law enforcement officers within the immigration bureaucracy.

Expedient promises by both parties to "secure the border" are worthless unless America shuts down the litigation boondoggle that rewards foreign law-breakers, their saboteur lawyers and their amnesty advocates.


Michelle Malkin

Michelle Malkin is the author of "Culture of Corruption: Obama and his Team of Tax Cheats, Crooks & Cronies" (Regnery 2010).

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